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IN RE ST. MARY HOSP.

Bankruptcy No. 88-11421S, Adv. No. 88-2157S.

101 B.R. 451 (1989)

In re ST. MARY HOSPITAL, Debtor. William BONNER, M.D. and Gabriel Rosales, M.D., Plaintiffs, v. Roger B. HISER, Trustee Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

June 26, 1989.

Attorney(s) appearing for the Case

David Fishbone, Patrick J. Casey, Ciardi, Fishbone & DiDonato, Philadelphia, Pa., for trustee.

Gary Schildhorn, Philadelphia, Pa., for Creditors' Committee.

Henry F. Siedzikowski, Philadelphia, Pa., for debtor.

Roger B. Hiser, East Greenville, Pa., trustee.

Joseph M. Gontram, McBride, Ruch, & Gontram, Philadelphia, Pa., for plaintiffs.

James J. O'Connell, Asst. U.S. Trustee, Philadelphia, Pa., U.S. Trustee.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

This adversary proceeding presents two interesting issues of contract law: (1) The impact of the acceptance of an anticipatory breach of a contract by a repudiatee upon its damage claim against the repudiator; and (2) Whether a court should interpret a contract as it is written or as the parties understand it and have apparently interpreted it in the past. With respect to the first issue...

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